KANSAS CITY, MO. POLICE DEPARTMENT DATE OF ISSUE EFFECTIVE DATE NO. 03-22-2017 03-22-2017 17-06 PROCEDURAL INSTRUCTION SUBJECT AMENDS Detaining & Questioning and Search & Seizure Procedures REFERENCE RESCINDS P.I.: Arrest Guidelines/Procedures, Language Interpreting Services, PI: 09-12, Questioning and Detaining Persons, Arrest, Search Intoxicated Driving Arrests, State Search Warrant Procedures, and Seizure Towing/Protective Custody of Vehicles and Contents 12-3, Miranda Warning and Miranda Waiver DM: 13-10, “Miranda Warning and Waiver” *I. INTRODUCTION This procedural instruction will establish procedures and guidelines pertaining to legal limitations and restrictions on the detaining and questioning of persons, the use of the Miranda Warning and Miranda Waiver, search of vehicles and premises, and seizure of items. II. TERMINOLOGY A. Contact and Advise (formerly Questioning Advisory) – A record intended to provide a way to let sworn members know of an interest to interview the individual named in the record. It is not a request to arrest an individual. Members should refer to the current written directive entitled, “Arrest Guidelines/Procedures” for further information. B. Content Inventory – Required for the towing and protective custody of any vehicle. A content inventory is a list of all items that are contained in a vehicle that are not recovered when a vehicle is being towed. The content inventory permits opening closed compartments and containers to determine content. Any materials or items of contraband or of evidentiary nature discovered may be admissible evidence in court. C. Exigent Circumstances – An emergency demanding immediate action by a sworn member with insufficient time for the sworn member to obtain a search warrant or court order. 1. This authority is normally invoked when human life is endangered by accidents, sudden illnesses, or criminal activity. 2. Exigent circumstances include those circumstances which make obtaining a warrant impossible or ill advised in light of the urgent need for immediate action. 3. Members should thoroughly articulate the circumstances in case reports. D. Frisk – A pat down by a sworn member of the outer clothing of a person in an attempt to discover weapons which might be used to assault the sworn member, based on reasonable suspicion to believe that a person may be armed and dangerous. *E. Plain Feel Exception – Evidentiary exception applying to items that are immediately apparent while conducting a frisk to be contraband to the sworn member by sense of touch. If the sworn member must squeeze, slide, or otherwise manipulate the object, the “plain feel exception” will not apply. F. Plain View Doctrine – If a sworn member is at a place where they have a right to be and observes in plain view objects which they have probable cause to believe, and are immediately apparent as contraband or fruits or instrumentalities of crime, those items may be seized without a warrant. G. Probable Cause – A set of facts and circumstances available to the sworn member upon inquiry which warrants a person of reasonable prudence and caution to believe that certain items may be contraband, stolen property, or subject to seizure as evidence of a crime or that a crime has been committed and that the suspect has committed the crime. H. Reasonable Suspicion – Circumstances when a sworn member may justifiably approach a person for purposes of investigating possible criminal behavior even though there is no probable cause for arrest. The sworn member must be able to point to specific and articulable facts, which, taken together with rational inferences from those facts, reasonably warrants intrusion. I. Reliable Source – An individual who in the past has provided reliable information to the sworn member which aided in the arrest for, or prosecution of, a crime. Present information should be accompanied by facts and circumstances to show the individual had a means to observe or come by the information to show present reliability. J. Search – A visible and/or physical examination of a person’s house, place, or personal property where the right of privacy is expected, or of the person, with the intent to discover contraband, illicit or stolen property, or some evidence of guilt to be used in the prosecution of a criminal action for some crime or offense with which the person is charged. 2 III. TABLE OF ANNEXES This directive has been organized into annexes for easy reference. Annex A Stop and Frisk Annex B Custodial Interrogations / Miranda Warning and Miranda Waiver Annex C Search of a Vehicle Annex D Search of Premises by Consent Darryl Forté Chief of Police Adopted by the Board of Police Commissioners this ______ day of ____________, 20__. Alvin Brooks Board Vice President DISTRIBUTION: All Department Personnel Public View Master Index – Internet Department Master Index – Intranet Policy Acknowledgement SyStem 3 ANNEX A *TERRY STOP A. Stopping/Detaining an Individual 1. A sworn member may stop or detain any individual(s) abroad, without making an arrest, only when the sworn member has reasonable suspicion to believe that the person is committing, has committed, or is about to commit a crime. 2. Reasonable suspicion can be based on the sworn member’s experience and one or more of the following facts: a. Personal observation of incriminating matters. b. Facts learned by the sworn member in the investigation of a crime. c. Individual in the vicinity at the time of a crime. d. Flight of an individual from the presence of sworn members, when at or near the scene of a crime. e. Odors and sounds especially when combined with other facts such as apparent flight. f. Computer entry or information broadcast by the police dispatcher. g. Information from a reliable source. h. An individual’s reputation is known to a sworn member. *i. Anonymous tips that contain predictive information about future movements of the suspect so that the sworn member may sufficiently corroborate the information. 3. A brief stop or detention may take place even though there is no probable cause for an arrest at that time. a. Sworn members may ask the individual’s name, address, business abroad, and where they are going. A–1 b. An individual’s refusal to give their name, address, and business abroad is not a chargeable offense, however, it does add to reasonable suspicion. *4. Reasonable suspicion for the detention of an individual must be included in any reports completed. *5. The stop and detention must last no longer than necessary to confirm or deny the suspicion of criminal activity afoot. B. Frisking an Individual 1. A sworn member may frisk an individual for a weapon when they have additional reasonable suspicion to believe that the individual may be armed and dangerous. a. Officer safety alone will not be considered reasonable suspicion to conduct a frisk. b. Other factors must be present, e.g., quick movements by an individual, time and place of stop, sworn member’s experience, unusual conduct by an individual. 2. The examination of the outer clothing cannot exceed a frisk unless what is believed to be a weapon is discovered. Only then can the pockets or concealment areas of the clothing be entered for the purpose of extracting what is reasonably believed to be a weapon. a. In the course of the frisk, if the sworn member comes into contact with objects immediately recognizable as contraband, the sworn member will seize the contraband and may arrest the individual, based on the Plain Feel Exception. b. A sworn member will seize items which are immediately apparent as contraband or fruits or instrumentalities of crime which are in plain view. c. A sworn member questioning an individual or conducting a pedestrian check cannot, at any time, conduct a general exploratory search for evidence of criminal activity. A-2 3. When a sworn member has additional reasonable suspicion to believe an occupant of a vehicle may be armed and that individual has not satisfactorily proven that they have a legal reason to be in possession of a firearm, e.g., a permit or endorsement from any issuing state to carry a concealed weapon, the sworn member may frisk the individual and conduct a limited search of the vehicle where a weapon may be placed or hidden. This search must be limited to: a. The passenger compartment of the vehicle. b. Those areas readily accessible in which a weapon may be placed or concealed. 4. Members should refer to the current written directive entitled, “Arrest Guidelines/Procedures” regarding weapon possession charges. 5. Sworn members are allowed to search an individual who is not under arrest. This kind of search frequently occurs at an airport when sworn members make contact with individuals who match drug courier indicators. This search may only be done with the consent of the person. Verbal consent is sufficient for a search of an individual under these circumstances. Sworn members should be aware that the ability to search an individual with their consent in no way alters or eliminates the specific procedures that must be followed when conducting a strip search or body cavity search as discussed in the written directive “Arrest Guidelines/Procedures.” A–3 ANNEX B *CUSTODIAL INTERROGATIONS / MIRANDA WARNING AND MIRANDA WAIVER A. General Guidelines 1. When an adult has been taken into police custody or is otherwise deprived of their freedom of movement in any significant way, it will be the duty of the sworn member initiating custodial questioning to give the Miranda Warning. There is absolutely no necessity to give a Miranda Warning at the time of arrest as long as the sworn member does not undertake any questioning. 2. Any spontaneous statement or admission not the result of questioning may still be, and has always been, admissible in court.